Analysis

Latest ACA Assault Has Fighting Chance Despite Clear Flaws

Law360 (February 27, 2018, 9:14 PM EST) -- The latest legal effort to demolish the Affordable Care Act by targeting the law's individual mandate has realistic odds of gaining traction despite some likely problems with its arguments.

In a lawsuit filed Monday, 20 states argued that the individual mandate — upheld by the U.S. Supreme Court in 2012 as a lawful exercise of congressional taxing power — is now unconstitutional because Congress recently eliminated the mandate's penalty. Because the mandate is a cornerstone of the ACA, it can't be "severed" from the broader law, and so the entire law must be struck down, the states asserted.

"The remainder of...

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